Patna High CourtCR. MISC./49031/2021partly allowed disposal

Dharmendra Yadav @ Dharmendra Kumar v. The State Of Bihar

2022-03-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49031 of 2021 Arising Out of PS. Case No.-68 Year-2021 Thana- MANSI District- Khagaria ====================================================== 1.

DHARMENDRA YADAV @ DHARMENDRA KUMAR S/O RAGHU NANDAN YADAV R/o village- Thatha, P.S.- Mansi, District- Khagaria 2.

Rima Devi W/o Dharmendra Yadav @ Dharmendra Kumar R/o villageThatha, P.S.- Mansi, District- Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarbottam Kumar Sarkar, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2022 At the very outset, learned counsel for the petitioner seeks permission to withdraw the petition of petitioner no.1, namely, Dharmendra Yadav @ Dharmendra Kumar.

Permission is accorded.

Accordingly, this petition is dismissed as withdrawn and the petitioner no.1 is directed to surrender before the court below and make prayer for regular bail.

Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner no.2 is apprehending her arrest in a case registered for the offences punishable under Sections 341, 323, 379, 498(A), 504 and 506/34 of the Indian Penal Code and Sections 3/4 of the Prevention of Witch (Daain) Practice Act, 1999.

Patna High Court CR. MISC. No.49031 of 2021(2) dt.24-03-2022 2/2 It is a case of abuse and assault to the informant by the accused persons on the basis of suspicion of witch craft. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the petitioner is a lady. Petitioner has got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner no.2, namely, Rima Devi in the event of her arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Khagaria in connection with Mansi P.S. Case No. 68 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T